Zhang v. BProtocol Foundation et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:20-cv-02810-AKH
District Judge Alvin K. Hellerstein, presiding
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District Judge Alvin K. Hellerstein
Last Updated November 28, 2021 at 1:25 AM EST (3.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Timothy C. Holsworth, Plaintiff

Represented by Selendy & Gay PLLC

Name Phone Fax E-Mail
Space Philippe Zuard Selendy +1 212 849 7260 +1 212 849 7100 pselendy@selendygay.com
v.
No Logo Bprotocol Foundation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Emily Casey Warren Kapur +1 650 801 5122 emilykapur@quinnemanuel.com

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Alexander Benjamin Spiro +1 212 849 7000 +1 212 849 7100 alexspiro@quinnemanuel.com
Space Tyler Grant Whitmer +1 212 849 7000 +1 212 849 7100 tylerwhitmer@quinnemanuel.com
No Logo Eyal Hertzog, Defendant

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Alexander Benjamin Spiro +1 212 849 7000 +1 212 849 7100 alexspiro@quinnemanuel.com
No Logo Galia Benartzi, Defendant

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Alexander Benjamin Spiro +1 212 849 7000 +1 212 849 7100 alexspiro@quinnemanuel.com
Space Emily Casey Warren Kapur +1 650 801 5122 emilykapur@quinnemanuel.com
Space Tyler Grant Whitmer +1 212 849 7000 +1 212 849 7100 tylerwhitmer@quinnemanuel.com
No Logo Guy Benartzi, Defendant

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Alexander Benjamin Spiro +1 212 849 7000 +1 212 849 7100 alexspiro@quinnemanuel.com
Space Emily Casey Warren Kapur +1 650 801 5122 emilykapur@quinnemanuel.com
Space Tyler Grant Whitmer +1 212 849 7000 +1 212 849 7100 tylerwhitmer@quinnemanuel.com
No Logo Yehuda Levi, Defendant

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Alexander Benjamin Spiro +1 212 849 7000 +1 212 849 7100 alexspiro@quinnemanuel.com
Space Emily Casey Warren Kapur +1 650 801 5122 emilykapur@quinnemanuel.com
Space Tyler Grant Whitmer +1 212 849 7000 +1 212 849 7100 tylerwhitmer@quinnemanuel.com
Attributes
Office Foley Square
Filed 4/3/2020
Jury Demand Plaintiff
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 15 U.S.C. § 77 Securities Fraud
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County NewYork
Terminated 2/23/2021
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flags CLOSED,ECF
Timeline
  Entries (78) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 69 Filed: 7/1/2021, Entered: 7/1/2021 USCA Mandate
MANDATE of USCA (Certified Copy) as to [68] Notice of Appeal, filed by Timothy C. Holsworth. USCA Case Number 21-0634. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/01/2021..(nd)
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Legal Document 68 Filed: 3/22/2021, Entered: 3/22/2021, Terminated: 7/1/2021 Notice of appeal
NOTICE OF APPEAL from [67] Clerk's Judgment,, [66] Order on Motion to Dismiss,,. Document filed by Timothy C. Holsworth. Filing fee $ 505.00, receipt number ANYSDC-24286825. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Goldstein, Jordan) Modified on 3/22/2021 (tp).
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Blank  Filed: None, Entered: None Appeal Record Sent to USCA - Electronic File
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [68] Notice of Appeal, filed by Timothy C. Holsworth were transmitted to the U.S. Court of Appeals. (tp)
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Blank  Filed: None, Entered: None transmission of notice of appeal and docket sheet to USCA
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [68] Notice of Appeal. (tp)
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Legal Document 67 Filed: 2/23/2021, Entered: 2/23/2021 clerk's judgment
CLERK'S JUDGMENT re: [66] Order on Motion to Dismiss in favor of BProtocol Foundation, Eyal Hertzog, Galia Benartzi, Guy Benartzi, Yehuda Levi against Timothy C. Holsworth. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 22, 2021, Defendants' motion is granted. The oral argument, currently scheduled for March 4, 2021, is cancelled; judgment is entered in favor of defendants, and the complaint is dismissed. Plaintiffs' offer to re-plead is denied; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 2/23/2021) (Attachments: # (1) Right to Appeal) (km)
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Legal Document 66 Filed: 2/22/2021, Entered: 2/22/2021 Order on Motion to DismissCourt Filing
ORDER GRANTING MOTION TO DISMISS granting [55] Motion to Dismiss. Defendants' motion is granted. The oral argument, currently scheduled for March 4, 2021, is cancelled. The Clerk shall terminate civil action 20-cv-2810, open motion ECF No. 55, and enter judgment in favor of defendants, dismissing the complaint and taxing costs. Plaintiffs' offer to re-plead is denied. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/22/21) (yv) Transmission to Orders and Judgments Clerk for processing.
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Legal Document (Payment Possibly Required) 65 Filed: 2/16/2021, Entered: 2/17/2021 Scheduling OrderCourt Filing
SCHEDULING ORDER: The parties are hereby ordered to appear for oral argument on March 4, 2021, at 2:30 p.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than March 2, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 3/4/2021 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/16/21) (yv)
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Legal Document (Payment Possibly Required) 64 Filed: 1/27/2021, Entered: 1/27/2021 Response
RESPONSE re: [63] Notice (Other), Response to Defendants' Notice of Errata. Document filed by Timothy C. Holsworth..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 63 Filed: 1/25/2021, Entered: 1/25/2021 Notice - Other
NOTICE of ERRATA RE: MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE COMPLAINT re: [56] Memorandum of Law in Support of Motion,. Document filed by BProtocol Foundation, Galia Benartzi, Guy Benartzi, Eyal Hertzog, Yehuda Levi..(Spiro, Alexander)
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Legal Document (Payment Possibly Required) 62 Filed: 11/23/2020, Entered: 11/23/2020 Order on Motion for Leave to File DocumentCourt Filing
MEMO ENDORSED ORDER denying [60] Motion for Leave to File Document. ENDORSEMENT: Motion denied. Briefing was complete when the reply was filed. So ordered., (Signed by Judge Alvin K. Hellerstein on 11/23/20) (yv)
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Legal Document (Payment Possibly Required) 61 Filed: 11/19/2020, Entered: 11/19/2020 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [60] MOTION for Leave to File Surreply to Defendants' Motion to Dismiss re: 55. . Document filed by Timothy C. Holsworth. (Attachments: # (1) Exhibit 1 - Proposed Surreply).(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 60 Filed: 11/19/2020, Entered: 11/19/2020, Terminated: 11/23/2020 Motion for Leave to file document
MOTION for Leave to File Surreply to Defendants' Motion to Dismiss re: 55. Document filed by Timothy C. Holsworth..(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 59 Filed: 11/12/2020, Entered: 11/12/2020 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Dismiss Plaintiff Timothy C. Holsworth's complaint in its entirety. . Document filed by BProtocol Foundation, Galia Benartzi, Guy Benartzi, Eyal Hertzog, Yehuda Levi..(Spiro, Alexander)
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Legal Document (Payment Possibly Required) 58 Filed: 11/2/2020, Entered: 11/2/2020 Declaration in Opposition to Motion
DECLARATION of Kyle W. Roche in Opposition re: [55] MOTION to Dismiss Plaintiff Timothy C. Holsworth's complaint in its entirety.. Document filed by Timothy C. Holsworth. (Attachments: # (1) Exhibit 1 - Screenshots of Tweet, # (2) Exhibit 2 - Screenshots of Tweet and @hybridtwin's profile, # (3) Exhibit 3 - Screenshots of Tweet and @Crypto_Mason's profile, # (4) Exhibit 4 - Screenshots of Tweet and @cjones2002 profile, # (5) Exhibit 5 - Screenshot of trading application interface from Bancor's website, # (6) Exhibit 6 - Screenshot of Bancor Blog Post, # (7) Exhibit 7 - Screenshot of Tweet from Bancor's social media handle, # (8) Exhibit 8 - Cover page of Bancor Whitepaper dated May 30, 2017, # (9) Exhibit 9 - Screenshot of Linkedin.com profile of California-based Bancor advisor Tim Draper, # (10) Exhibit 10 - Transcript of Excerpt of April 2, 2018 Interview of Tim Draper on "Crypto Beadles" YouTube channel and Screenshot of Crypto Beadles' website, # (11) Exhibit 11 - Screenshot from Linkedin.com profile of Fennie Wang, # (12) Exhibit 12 - Screenshot of Linkedin.com profile of Jake Vartanian and screenshots from a lengthy promotion of Bancor, # (13) Exhibit 13 - Screenshots showing posts from Reddit.com user "Gretch702", # (14) Exhibit 14 - Screenshot of ICANN.org registry information for Bancor's website, # (15) Exhibit 15 - Screenshot of Bancor's website with Google Chrome DevTool, # (16) Exhibit 16 - Screenshots of Terms of Service for Google Analytics and Google Cloud with California forum selection clauses, # (17) Exhibit 17 - Screenshot of and transcript of excerpt from July 18, 2018 interview of Defendant Galia Benartzi).(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 57 Filed: 11/2/2020, Entered: 11/2/2020 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [55] MOTION to Dismiss Plaintiff Timothy C. Holsworth's complaint in its entirety. . Document filed by Timothy C. Holsworth..(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 56 Filed: 10/13/2020, Entered: 10/13/2020 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [55] MOTION to Dismiss Plaintiff Timothy C. Holsworth's complaint in its entirety. . Document filed by BProtocol Foundation, Galia Benartzi, Guy Benartzi, Eyal Hertzog, Yehuda Levi..(Spiro, Alexander)
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Legal Document (Payment Possibly Required) 55 Filed: 10/13/2020, Entered: 10/13/2020, Terminated: 2/22/2021 Motion to Dismiss
MOTION to Dismiss Plaintiff Timothy C. Holsworth's complaint in its entirety. Document filed by BProtocol Foundation, Galia Benartzi, Guy Benartzi, Eyal Hertzog, Yehuda Levi..(Spiro, Alexander)
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Legal Document (Payment Possibly Required) 54 Filed: 9/23/2020, Entered: 9/23/2020 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [53] Letter, filed by Timothy C. Holsworth. ENDORSEMENT: Coordination because of possible similarity of questions of law is inappropriate. The motion is denied. So Ordered (Signed by Judge Alvin K. Hellerstein on 9/23/2020) (js)
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Legal Document (Payment Possibly Required) 53 Filed: 9/22/2020, Entered: 9/22/2020 LetterCourt Filing
LETTER addressed to Judge Alvin K. Hellerstein from Jordan Goldstein and Kyle Roche dated September 22, 2020 re: in response to letters that have been submitted by counsel. Document filed by Timothy C. Holsworth. (Attachments: # (1) Exhibit 1 - Letter filed in Lee v. Binance).(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 52 Filed: 9/16/2020, Entered: 9/16/2020 LetterCourt Filing
LETTER addressed to Judge Alvin K. Hellerstein from Jordan A. Goldstein and Kyle W. Roche dated September 16, 2020 re: Plaintiff's anticipated motion to coordinate. Document filed by Timothy C. Holsworth. (Attachments: # (1) Exhibit 1 - Letter filed in Lee, et al. v. Binance, et al., No. 20-cv-02803 (ALC) (S.D.N.Y).(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 51 Filed: 9/15/2020, Entered: 9/15/2020 Exhibit to Pleading
EXHIBIT TO PLEADING re: [48] Amended Complaint. Document filed by Timothy C. Holsworth..(Selendy, Philippe)
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Legal Document 50 Filed: 9/11/2020, Entered: 9/11/2020 Amended Complaint
SECOND AMENDED COMPLAINT amending [48] Amended Complaint against BProtocol Foundation, Galia Benartzi, Guy Benartzi, Eyal Hertzog with JURY DEMAND.Document filed by Timothy C. Holsworth. Related document: [48] Amended Complaint. (Attachments: # (1) Exhibit A - Timothy C. Holsworth Certification).(Selendy, Philippe) Modified on 9/15/2020 (pne). Modified on 9/16/2020 (pne).
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Legal Document 49 Filed: 8/21/2020, Entered: 8/21/2020 LetterCourt Filing
LETTER addressed to Judge Alvin K. Hellerstein from Jordan Goldstein and Kyle Roche dated August 21, 2020 re: Amended Complaint. Document filed by Timothy C. Holsworth..(Goldstein, Jordan)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Party Modification
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philippe Zuard Selendy. The party information for the following party/parties has been modified: Timothy C. Holsworth. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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Legal Document (Payment Possibly Required) 48 Filed: 8/20/2020, Entered: 8/20/2020 Amended Complaint
FIRST AMENDED COMPLAINT amending [1] Complaint against BProtocol Foundation, Galia Benartzi, Guy Benartzi, Eyal Hertzog, Yehuda Levi with JURY DEMAND.Document filed by Timothy C. Holsworth. Related document: [1] Complaint..(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 47 Filed: 8/20/2020, Entered: 8/20/2020 Order on motion to amend/correctCourt Filing
ORDER GRANTING LEAVE TO SUBSTITUTE PARTIES, CHANGE THE CAPTION, AND AMEND THE COMPLAINT granting [32] Motion to Amend/Correct [1] Complaint. The Motion is GRANTED. IT IS HEREBY ORDERED THAT: 1. Timothy C. Holsworth is substituted in as the Plaintiff in the above-captioned action. 2. William Zhang is removed as the Plaintiff in the above-captioned action. 3. The caption shall be updated to reflect Timothy C. Holsworth as the sole Plaintiff in the above-captioned action. 4. Plaintiff is granted leave to file the Proposed Amended Complaint. (Signed by Judge Alvin K. Hellerstein on 8/20/20) (yv)
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Legal Document 46 Filed: 8/20/2020, Entered: 8/20/2020 order on motion for miscellaneous reliefCourt Filing
ORDER APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF CO-LEAD COUNSEL granting [21] Motion for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel. The Motion is GRANTED. IT IS HEREBY ORDERED THAT: 1. Timothy C. Holsworth is appointed Lead Plaintiff in the above-captioned action. 2. The Court designates the law firms Roche Cyrulnik Freedman LLP and Selendy & Gay PLLC as Co-Lead Counsel in this action. 3. Co-Lead Counsel shall be generally responsible for coordinating activities during pretrial proceedings and shall as further set forth in this Order. Issues of consolidation and treatment of future-filed cases will be dealt with in future orders. (Signed by Judge Alvin K. Hellerstein on 8/20/20) (yv)
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Legal Document (Payment Possibly Required) 45 Filed: 8/11/2020, Entered: 8/11/2020 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING THE ADDITION OF THE INDIVIDUAL DEFENDANTS TO THE PREVIOUS JOINT STIPULATION. IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the Parties, subject to the Court's approval, as follows: Defendants Eyal Hertzog, Yehuda Levi, Guy Benartzi, and Galia Benartzi are hereby added to the June 17, 2020 stipulation filed by Plaintiff and the Foundation (ECF No. 28), as amended and so-ordered by the Court (ECF No. 30), on the same terms as Defendant Bprotocol Foundation. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/11/20) (yv)
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Legal Document (Payment Possibly Required) 44 Filed: 8/6/2020, Entered: 8/6/2020 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 43 Filed: 8/4/2020, Entered: 8/4/2020 summons returned executed
SUMMONS RETURNED EXECUTED Summons and Complaint served. Eyal Hertzog served on 7/2/2020. Document filed by William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 42 Filed: 8/4/2020, Entered: 8/4/2020 summons returned executed
SUMMONS RETURNED EXECUTED Summons and Complaint served. Yehuda Levi served on 6/25/2020. Document filed by William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 41 Filed: 8/4/2020, Entered: 8/4/2020 summons returned executed
SUMMONS RETURNED EXECUTED Summons and Complaint served. Galia Benartzi served on 6/25/2020. Document filed by William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 40 Filed: 8/4/2020, Entered: 8/4/2020 summons returned executed
SUMMONS RETURNED EXECUTED Summons and Complaint served. Guy Benartzi served on 6/26/2020. Document filed by William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 39 Filed: 7/10/2020, Entered: 7/10/2020 Notice of Appearance
NOTICE OF APPEARANCE by Emily Casey Warren Kapur on behalf of Galia Benartzi, Guy Benartzi, Yehuda Levi..(Kapur, Emily)
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Legal Document (Payment Possibly Required) 38 Filed: 7/10/2020, Entered: 7/10/2020 Notice of Appearance
NOTICE OF APPEARANCE by Alexander Benjamin Spiro on behalf of Galia Benartzi, Guy Benartzi, Yehuda Levi..(Spiro, Alexander)
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Legal Document (Payment Possibly Required) 37 Filed: 7/10/2020, Entered: 7/10/2020 Notice of Appearance
NOTICE OF APPEARANCE by Tyler Grant Whitmer on behalf of Galia Benartzi, Guy Benartzi, Yehuda Levi..(Whitmer, Tyler)
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Legal Document (Payment Possibly Required) 36 Filed: 7/7/2020, Entered: 7/7/2020 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BProtocol Foundation..(Spiro, Alexander)
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Legal Document (Payment Possibly Required) 35 Filed: 7/6/2020, Entered: 7/6/2020 Certificate of Service Other
CERTIFICATE OF SERVICE of Notice of Motion for Leave to Substitute Parties, Change the Caption, and Amend the Complaint; Proposed Order Granting Leave to Substitute Parties, Change the Caption, and Amend the Complaint; Memorandum of Law in Support of Plaintiff's Motion for Leave to Substitute Parties, Change the Caption, and Amend the Complaint; and Declaration of Jordan A. Goldstein and accompanying exhibits served on Galia Benartzi, Yehuda Levi, Guy Benarzti, and Eyal Hertzog on July 6, 2020. Service was made by Mail. Document filed by William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 34 Filed: 7/2/2020, Entered: 7/2/2020 Declaration in Support of Motion
DECLARATION of JORDAN A. GOLDSTEIN in Support re: [32] MOTION to Amend/Correct and Substitute Parties.. Document filed by William Zhang. (Attachments: # (1) Exhibit 1 Proposed Amended Complaint, # (2) Exhibit 2 Redline Proposed Amended Complaint).(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 33 Filed: 7/2/2020, Entered: 7/2/2020 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [32] MOTION to Amend/Correct and Substitute Parties. . Document filed by William Zhang..(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 32 Filed: 7/2/2020, Entered: 7/2/2020, Terminated: 8/20/2020 Motion to Amend/Correct
MOTION to Amend/Correct and Substitute Parties. Document filed by William Zhang. (Attachments: # (1) Text of Proposed Order).(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 31 Filed: 7/2/2020, Entered: 7/2/2020 Order on Motion to appear pro hac viceCourt Filing
ORDER ADMITTING EMILY C. KAPUR PRO HAC VICE granting [29] Motion for Emily C. Kapur to Appear Pro Hac Vice. The motion of Emily C. Kapur, for admission to practice pro hac vice in the above-captioned action, is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing the discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 7/2/20) (yv)
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Legal Document (Payment Possibly Required) 30 Filed: 6/29/2020, Entered: 6/29/2020 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING (1) SERVICE OF PROCESS, (2) THE FILING OF AN AMENDED COMPLAINT AND MOTION TO DISMISS BRIEFING SCHEDULE, AND (3) ADJOURNMENT OF THE INITIAL PRETRIAL CONFERENCE, Set Deadlines/Hearing as to [21] MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel . IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the Initial Parties, subject to the Court's approval, as follows: The undersigned counsel for the Foundation hereby waives service on behalf of the Foundation; provided, however, that the acceptance of service and entry into this Stipulation shall not waive, and the Foundation expressly preserves, all rights, claims, and defenses, including, but not limited to, all defenses relating to jurisdiction and venue, except a defense as to the sufficiency of service of the summons and complaint and the form of the summons. If any of the Individual Defendants also accepts service of the summons and complaint and agrees to be subject to this stipulation and agreement, each will be added to this stipulation and agreement on the same terms as the Foundation. If any of the Individual Defendants do not accept service or do not agree to be subject to this stipulation and agreement, the Initial Parties will seek to negotiate a schedule with the Individual Defendants after they have been served and will apprise the Court of such agreement. The Foundation shall have no obligation to answer, move against, or otherwise respond to the Initial Complaint unless otherwise ordered by the Court. The Foundation shall file any opposition to Holsworth's motion for appointment as lead plaintiff and approval of class counsel by July 10, 2020. Holsworth shall file any reply in further support of his motion for appointment as Lead Plaintiff and approval of class counsel by July 17, 2020. Lead Plaintiff shall file an amended class action complaint within 30 days after the entry of the Court's order appointing a lead plaintiff and approving lead counsel. The Foundation shall answer, move against, or otherwise respond to the amended class action complaint within 30 days after Lead Plaintiff files the amended class action complaint. The initial pre-trial conference in this action will be ordered, as necessary, in the Court's decision on themotion to dismiss. SO ORDERED: as amended. ( Responses due by 7/10/2020, Replies due by 7/17/2020.) (Signed by Judge Alvin K. Hellerstein on 6/29/20) (yv)
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Legal Document (Payment Possibly Required) 29 Filed: 6/19/2020, Entered: 6/19/2020, Terminated: 7/2/2020 Motion to Appear Pro Hac Vice
MOTION for Emily C. Kapur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20332057. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BProtocol Foundation. (Attachments: # (1) Affidavit of Emily C. Kapur In Support, # (2) Exhibit A - Certificate of Good Standing, # (3) Text of Proposed Order).(Kapur, Emily)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [29] MOTION for Emily C. Kapur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20332057. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Legal Document (Payment Possibly Required) 28 Filed: 6/17/2020, Entered: 6/17/2020 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 27 Filed: 6/17/2020, Entered: 6/17/2020 Notice of Appearance
NOTICE OF APPEARANCE by Tyler Grant Whitmer on behalf of BProtocol Foundation..(Whitmer, Tyler)
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Legal Document (Payment Possibly Required) 26 Filed: 6/17/2020, Entered: 6/17/2020 Notice of Appearance
NOTICE OF APPEARANCE by Alexander Benjamin Spiro on behalf of BProtocol Foundation..(Spiro, Alexander)
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Legal Document (Payment Possibly Required) 25 Filed: 6/10/2020, Entered: 6/10/2020 Certificate of Service Other
CERTIFICATE OF SERVICE of Motion for Appointment as Lead Plaintiff and Approval of Selection of Roche Cyrulnik Freedman LLP and Selendy and Gay PLLC as Co-Lead Counsel, Proposed Order Appointing Lead Plaintiff and Approving Selection of Co-Lead Counsel, Timothy C. Holsworths Memorandum of Law in Support of His Motion for Appointment as Lead Plaintiff and Approval of Selection of Roche Cyrulnik Freedman LLP and Selendy and Gay PLLC as Co-Lead Counsel, Declaration of Jordan A. Goldstein and accompanying exhibit, and Declaration of Kyle W. Roche and accompanying exhibits served on Galia Benartzi, BProtocol Foundation, Yehuda Levi, Guy Benarzti, Eyal Hertzog on June 10, 2020. Service was made by MAIL. Document filed by Timothy C. Holsworth..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 24 Filed: 6/8/2020, Entered: 6/8/2020 Declaration in Support of Motion
DECLARATION of JORDAN A. GOLDSTEIN in Support re: [21] MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel .. Document filed by Timothy C. Holsworth. (Attachments: # (1) Exhibit A - Selendy & Gay Firm Resume).(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 23 Filed: 6/8/2020, Entered: 6/8/2020 Declaration in Support of Motion
DECLARATION of KYLE W. ROCHE in Support re: [21] MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel .. Document filed by Timothy C. Holsworth. (Attachments: # (1) Exhibit A - Timothy Holsworth Certification, # (2) Exhibit B - Roche Cyrulnik Freedman Firm Resume, # (3) Exhibit C - Press Release, # (4) Exhibit D - Loss Chart).(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 22 Filed: 6/8/2020, Entered: 6/8/2020 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [21] MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel . . Document filed by Timothy C. Holsworth..(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 21 Filed: 6/8/2020, Entered: 6/8/2020, Terminated: 8/20/2020 Motion for Miscellaneous Relief
MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel . Document filed by Timothy C. Holsworth. (Attachments: # (1) Text of Proposed Order).(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 20 Filed: 5/15/2020, Entered: 5/15/2020 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [19] Motion for Devin Freedman to Appear Pro Hac Vice. The motion of Devin (Velvel) Freedman to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing the discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 5/15/20) (yv)
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Legal Document (Payment Possibly Required) 19 Filed: 5/14/2020, Entered: 5/14/2020, Terminated: 5/15/2020 Motion to Appear Pro Hac Vice
MOTION for Devin Freedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19828300. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Zhang. (Attachments: # (1) Affidavit of Devin Freedman, # (2) Exhibit A, # (3) Proposed Order).(Freedman, Devin)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [19] MOTION for Devin Freedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19828300. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Legal Document (Payment Possibly Required) 18 Filed: 4/7/2020, Entered: 4/7/2020 Summons issued
ELECTRONIC SUMMONS ISSUED as to Guy Benartzi..(pc)
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Legal Document (Payment Possibly Required) 17 Filed: 4/6/2020, Entered: 4/6/2020 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Guy Benartzi, re: [1] Complaint. Document filed by William Zhang..(Roche, Kyle)
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Legal Document (Payment Possibly Required) 16 Filed: 4/6/2020, Entered: 4/6/2020 Summons issued
ELECTRONIC SUMMONS ISSUED as to BProtocol Foundation..(pne)
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Legal Document (Payment Possibly Required) 15 Filed: 4/6/2020, Entered: 4/6/2020 Summons issued
ELECTRONIC SUMMONS ISSUED as to Eyal Hertzog..(pne)
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Legal Document (Payment Possibly Required) 14 Filed: 4/6/2020, Entered: 4/6/2020 Summons issued
ELECTRONIC SUMMONS ISSUED as to Yehuda Levi..(pne)
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Legal Document (Payment Possibly Required) 13 Filed: 4/6/2020, Entered: 4/6/2020 Summons issued
ELECTRONIC SUMMONS ISSUED as to Galia Benartzi..(pne)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Request for Issuance of Summons
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kyle William Roche to RE-FILE Document No. [6] Request for Issuance of Summons. The filing is deficient for the following reason(s): party name in the 'To' field of the summons request PDF does not match party name entered in docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (pne)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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Legal Document (Payment Possibly Required) 12 Filed: 4/4/2020, Entered: 4/4/2020 Notice of Appearance
NOTICE OF APPEARANCE by Edward John Normand on behalf of William Zhang..(Normand, Edward)
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Legal Document (Payment Possibly Required) 11 Filed: 4/3/2020, Entered: 4/3/2020 Notice of Appearance
NOTICE OF APPEARANCE by Mitchell D. Nobel on behalf of William Zhang..(Nobel, Mitchell)
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Legal Document (Payment Possibly Required) 10 Filed: 4/3/2020, Entered: 4/3/2020 Notice of Appearance
NOTICE OF APPEARANCE by Oscar Shine on behalf of William Zhang..(Shine, Oscar)
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Legal Document (Payment Possibly Required) 9 Filed: 4/3/2020, Entered: 4/3/2020 Notice of Appearance
NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of William Zhang..(Goldstein, Jordan)
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Legal Document (Payment Possibly Required) 8 Filed: 4/3/2020, Entered: 4/3/2020 Notice of Appearance
NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of William Zhang..(Selendy, Philippe)
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Legal Document (Payment Possibly Required) 7 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Galia Benartzi, re: [1] Complaint. Document filed by William Zhang..(Roche, Kyle)
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Legal Document (Payment Possibly Required) 6 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Guy Benartzi, re: [1] Complaint. Document filed by William Zhang..(Roche, Kyle) Modified on 4/6/2020 (pne).
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Legal Document (Payment Possibly Required) 5 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Yehuda Levi, re: [1] Complaint. Document filed by William Zhang..(Roche, Kyle)
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Legal Document (Payment Possibly Required) 4 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Eyal Hertzog, re: [1] Complaint. Document filed by William Zhang..(Roche, Kyle)
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Legal Document (Payment Possibly Required) 3 Filed: 4/3/2020, Entered: 4/3/2020 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to BProtocol Foundation, re: [1] Complaint. Document filed by William Zhang..(Roche, Kyle)
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Legal Document (Payment Possibly Required) 2 Filed: 4/3/2020, Entered: 4/3/2020 Civil Cover Sheet
CIVIL COVER SHEET filed. (Attachments: # (1) Rider).(Roche, Kyle)
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Legal Document 1 Filed: 4/3/2020, Entered: 4/3/2020 Complaint
COMPLAINT against BProtocol Foundation, Galia Benartzi, Guy Benartzi, Eyal Hertzog, Yehuda Levi. (Filing Fee $ 400.00, Receipt Number ANYSDC-19332049)Document filed by William Zhang..(Roche, Kyle)
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